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Substantial Evidence Supports Determination of Reasonable Expectation of Success

In In re Efthymiopoulos, [2016-1003] (October 18, 2016) the Federal Circuit affirmed the PTAB decision that the claimed invention relating to the administration or an anti-influeza drug “by inhalation through the mouth alone” was…more

Where the 2016 Presidential Candidates Stand on Immigration

For those of you who missed the third and final Presidential debate, immigration was an important topic discussed by the 2016 Presidential candidates. Moderator Chris Wallace asked both candidates about their positions and plans…more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - October 2016 - Issue 8: Luxembourg

Luxembourg VAT authorities: Circular on VAT Treatment of Director Services - The Luxembourg VAT authorities published Circular n° 781 on 30 September 2016 regarding the VAT treatment of director services and a comprehensive list…more

If Pain, Yes Gain—Part XXV: Midwest Still Sick with Sick Leave Laws

Seyfarth Synopsis: Minneapolis, MN made four key amendments to its Sick and Safe Time Ordinance and Cook County, IL passed the Earned Sick Leave Ordinance - Minneapolis Sick and Safe Time Ordinance Updated - Nearly four…more

Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote and exploit…more

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear of…more

Prescribing the “minimum effective dose”

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum side…more

Recent Amendments to the Foreign Investment Regulations in China

China has been quite successful in encouraging foreign investments since the Sino-Foreign Equity Joint Venture Enterprise Law was promulgated in the beginning of the country’s economic reform in 1979. With the passage of time, the…more

Millennials and the Future of Business Development

As I reflect on a recent discussion among senior partners about which prospect or client to take golfing, I find myself thinking about how perhaps my generation might depart from this traditional method of business development and…more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of…more

NYS Cyber Crack Down Looms: What Every Financial Institution, Insurer and Their Board Must Know

With the public comment period closing in a few days, the New York Department of Financial Services (DFS) “first in the nation” cybersecurity regulation is one step closer to becoming law. The regulation – which covers a broad swath…more

PTAB Decision To Terminate IPR Proceedings After Institution Is Not Appealable

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., No. 2015-1977 (Fed. Cir. Oct. 20, 2016) - Applying the Supreme Court’s interpretation of the AIA’s provision making inter partes review institution decisions “final and…more

Defending parallel proceedings: key considerations and best practices

Parallel proceedings refer to two or more concurrent investigations or litigations arising out of a common set of facts. These proceedings can involve any combination of criminal, civil, or administrative authorities, as well as…more

U.S. DOT Issues New Air Travel Consumer Protection Rulemaking Initiatives

The U.S. Department of Transportation (DOT) has announced a new round of consumer protection-related rulemaking initiatives affecting U.S. and foreign airlines, ticket agents, and air travel consumers. As part of these initiatives, DOT…more

Kentucky High Court Strikes Down Louisville Minimum Wage Law; Lexington Law Also Affected

Local governments in Kentucky lack the authority to establish their own minimum wage rates, the Kentucky Supreme Court has ruled 6-1. Kentucky Restaurant Ass’n, et al. v. Louisville/Jefferson Cty. Metro Gov’t, 2015-SC-000371-TG (Oct…more

NY’s Free Wi-Fi Kiosks Offer a Case Study in the Complexities of Place-Based Advertising

In an effort to bring modern technology to the masses, New York Mayor Bill de Blasio and other elected leaders pushed for the replacement of traditional phone booths with free Wi-Fi kiosks in the city’s urban center. The Wi-Fi hot…more

Corporate Social Responsibility and Compliance: Adopting a Principles-Based Approach to Performance

This is the seventh in a series of posts reflecting excerpts from a chapter that I authored on corporate social responsibility (“CSR”) for the Corporate Legal Compliance Handbook. Originally published in “Corporate Social…more

Don't Delay: No Change in the December 1, 2016 Deadline for Compliance with the Department of Labor's Final Rule on Overtime

The Fair Labor Standards Act ("FLSA") requires employers to pay employees at the rate of one and half times their regular rate for each hour an employee works beyond forty (40) in a work week. However, the FLSA does provide that…more

Diversity and Mediation

Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties valued in…more

Ukrainian financial restructuring: new consensual work-outs for distressed business came into force on 19 October 2016

The new law "On Financial Restructuring" No. 1414-VII dated 14 June 2016 ("Law") has recently been adopted by the Parliament of Ukraine. The Law came into force on 19 October and is effective until 16 October 2019. This appears to be a…more

FINRA Announces Effective Date of New Capital Acquisition Broker Rules

FINRA has announced the adoption of the new Capital Acquisition Broker (CAB) rules. CABs, which will be able to act as brokers for merger and acquisition transactions and agents in private placements to institutional investors, will be…more

Kullberg v. Pure Flix Entertainment LLC - USDC, C.D. California, October 12, 2016

District court dismisses screenwriters’ copyright infringement suit against Christian film “God’s Not Dead” for lack of substantial similarity to plaintiffs’ screenplay…more

Important Ruling for Residents of Massachusetts Owning Assets in Other States and Countries

TAXES ON ASSETS IN JURISDICTIONS WITH NO ESTATE TAXES - Since 2001, the Massachusetts Department of Revenue ("DOR") has held that persons in Massachusetts who pass away owning real estate or valuable tangibles located in certain…more

Healthcare Litigation - October 2016

Recently, California Governor Jerry Brown signed into law “surprise medical bill legislation,” seeking to curb out-of-network medical bills. This law, designated AB 72, amends California’s Health and Safety Code to limit the ability of…more

Southern District of New York Jury Orders Costco to Pay Tiffany & Co. $8.25 Million in Punitive Damages for Selling Trademark-Infringing Engagement Rings

On October 5, 2016, a Southern District of New York jury ordered Costco Wholesale Corp. (“Costco”) to pay Tiffany & Co. (“Tiffany”) an additional $8.25 million in punitive damages for selling “Tiffany” engagement rings that had no…more

Something for Everyone? Pre-election FCC Draft Business Data Service Fact Sheet Leaves No One Entirely Happy

FCC Chairman Tom Wheeler has released an October 7, 2016 “Fact Sheet” summarizing key points of his draft Business Data Service (“BDS”) Reform Order to regulate the leased, dedicated high capacity circuits that are used for everything…more

Digital Tax Update – Local Edition

After the highly publicized administrative lease transaction and amusement tax expansions in Chicago last year, more cities around the country are taking steps to impose transaction taxes on the sale or rental of digital content…more

Gig Economy Giant’s Uber-Creative Management Style for Maintaining Independent Contractor Workers

Uber’s inventive management style continues to be a topic of conversation in the gig economy world. In the wake of the $100M Uber class action litigation settlement being rejected (primarily due to monetary terms), a new case study…more

California’s Fair Pay Act Expanded To Preclude Employers From Relying On Salary History To Justify Wage Gaps

In August, we alerted you to several measures around the country that may indicate a trend towards restricting employers from seeking or relying upon applicants’ wage histories, including then-pending California Assembly Bill (“AB”)…more

A Claim is for Medical Negligence – Not General Negligence – When “Integrally Related” to a Patient’s Medical Treatment or Diagnosis

On October 18, 2016, in Nava v. Saddleback Memorial Medical Center, et al. (Case No. G052218), the Fourth Appellate District, Division Three, published one of the first appellate court Opinions to address the recent California Supreme…more

Data Breach Decision Points: Part 3

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing cyber-insurance…more

“Ponzi Scheme” Recital Not Enough

Disgruntled investors suing oil and gas companies for fraud must allege facts to support a Ponzi scheme in order to obtain the “Ponzi scheme presumption.” This “Ponzi scheme presumption,” if adequately pleaded in the first instance…more

EU Competition Newsletter – October 2016

'Great Repeal Bill' more likely to be 'Great Preservation Bill' - After what seemed like an eternity, but in reality has only been a few months, the Prime Minister announced on 2 October 2016 that Article 50 of the Treaty of the…more

Estee Lauder Decision Highlights Waiver Argument’s Challenges

Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage. On September 15, 2016, the Court of Appeals in Estee Lauder Inc. v. OneBeacon Ins…more

Illinois Appellate Court Affirms a Declaratory Judgment in Favor of the Insurer Where the Underlying Suit Did Not Allege an Occurrence within the Meaning of the Policy

In Westfield Ins. Co. v. West Van Buren, LLC, the Appellate Court of Illinois, affirmed the trial court’s decision holding that the developer, West Van Buren, LLC (“Van Buren”), was not entitled to defense and indemnification under the…more

CFTC Extends No-Action Relief for Swap Execution Facilities from Certain “Block Trade” Requirements

On October 7, 2016, the U.S. Commodity Futures Trading Commission (“CFTC“) Division of Market Oversight extended time-limited no-action relief for swap execution facilities from the “occurs away” requirement from the definition of…more

Energy Sector Alert Series: Brexit and Energy - Leaving the EU While Staying Connected

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual property…more

Blog: Corp Fin Issues New And Revised CDIs On Rule 701 And Rule 144(D)

More new and revised CDIs from Corp Fin today. This time, the CDIs address Rule 701 and the Rule 144(d) holding period. Rule 701 — Exemption for Offers and Sales of Securities Pursuant to Certain Compensatory Benefit Plans and…more

OSHA Postpones Enforcement of Anti-Retaliation Provisions of e-Recordkeeping Rule Again

OSHA has once again delayed enforcement of the controversial anti-retaliation provisions of its new electronic injury and illness recordkeeping rule. OSHA issued its second delay of the effective date of enforcement of this portion of…more

Protecting a Tech Company’s Technology and Other Employment Terms: Proprietary Information and Invention Assignment Agreement

Ideas, knowledge and processes are the most important aspects of most early-stage tech companies, so one of the most important questions facing these companies is how to protect the intellectual property and the business from…more

"Peanut Buttering is Better than Firebombing"

Hard to argue with the logic of someone drunk on blackberry brandy! Thankfully, as the deputy wryly notes, she didn't use chunky peanut butter ... oh the carnage!!…more

“Oh The Times . . . They are A-Changing:” EPA & DOJ Follow Through on Worker Endangerment Initiative

On October 12, 2016, the U.S. Department of Justice (“DOJ”) announced that four Texas companies agreed to plead guilty to criminal violations of the Clean Air Act at oil and chemical processing facilities, and to collectively pay $3.5…more

US Customs and Border Protection Announces Electronic Visa Update System

Enrollment is mandatory for those who hold certain visitor visas from China. The US Customs and Border Protection (CBP) recently announced a new online system for China nationals to use who hold a 10-year B1/B2, B1, or B2…more

Changes to the PSC regime

Although the PSC regime has only been in force since spring 2016, the government is now consulting on changes to the regime to make it compliant with the Fourth Money Laundering Directive. The Directive came into force on 25 June…more

Congress Agrees to Spend $500 Million on Disaster Recovery Efforts

As part of the agreement over the CR, Congress agreed to spend $500 million to help Louisiana and other states recover from recent flooding. At least $400 million is expected to go to Louisiana, where August flooding killed 13 people…more

District of Columbia Court of Appeals Adopts FRE 702 as the Legal Standard for the Admissibility of Expert Testimony

Key Points - - The District of Columbia Court of Appeals has adopted Federal Rule of Evidence 702 as the legal standard for determining the admissibility of expert testimony in the District of Columbia in all cases, criminal…more

Warranties and representations distinguished

The High Court has considered whether warranties in a share purchase agreement were also representations and could, therefore, found an action for misrepresentation under the Misrepresentation Act 1967…more

HHS-OCR Announces Guidance On HIPAA Compliance And Cloud Computing

On October 6, 2016, the Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance on complying with HIPAA privacy, security, and breach notification rules when using cloud computing technology (i.e.…more

Hong Kong Securities Laws Violations: The SFC’s Extra-Territorial Reach – Part 2 (U.S. short-seller found culpable of market misconduct)

Hong Kong’s Market Misconduct Tribunal (the "MMT") has found U.S.-based Andrew Edward Left culpable of market misconduct in connection with his research report (“Left’s report”), published on June 21, 2012 on a U.S.-based Internet…more

District Court Denies Motion for Preliminary Injunction Where Inter Partes Review ("IPR") Pending on Claims from Different Patent But Similar to Patent-In-Suit

In earlier patent infringement litigation, the Plaintiff sued DNA, LLC ("Ancestry") in the District of Delaware ("Delaware litigation") alleging infringement of U.S. Patent Number 8,221,381 (the "'381 patent"). Ancestry…more

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Sheppard Mullin is a full service AmLaw 100 firm with approximately 750 attorneys in 15 offices located in the United States, Europe and Asia. Founded in 1927 on the principle that the firm would…

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